Ontario Labour Ministry Sued Over Misleading Severance Advice
Two long-time employees were misled by Ontario’s Ministry of Labour about their severance packages. Now, they’ve launched a lawsuit — and their case could impact thousands of non-unionized workers across the province.
Samfiru Tumarkin LLP, Canada’s most experienced employment law firm for non-unionized workers, represented the pair and brought national attention to a long-standing issue with how severance advice is delivered through government channels.
What Happened?
Michael Mosey, 50, and Eileen Tremblay, 59, were let go in 2012 when Trillium Screw Manufacturing in Durham, Ontario, shut down operations. With over 30 years of combined experience, they contacted the Ministry of Labour’s helpline for guidance on their severance entitlements.
The advice they received? That they were only owed eight weeks’ pay.
Relying on that guidance, both accepted their employer’s offer.
The Issue
That eight-week entitlement reflected only the minimum amount under Ontario’s Employment Standards Act — not their full rights under common law.
Lior Samfiru, co-founding partner at Samfiru Tumarkin LLP, argued that the Ministry failed in its duty to inform callers that:
- ESA minimums are not the full amount many workers are owed
- Additional Ontario severance pay is available under common law – up to 24 months’ pay
- Workers should speak to an employment lawyer at Samfiru Tumarkin LLP before accepting any severance offer
The Outcome
Samfiru Tumarkin LLP filed lawsuits against the Ministry of Labour in Ontario Superior Court on behalf of Mosey and Tremblay. Together, the wrongful dismissal claims sought over $150,000 in compensation, citing wrongful advice that caused significant financial harm.
This case could set a precedent — and may open the door to similar claims from other workers who relied on government guidance.
Media Coverage
September 25, 2013 — The article explored the broader implications of the lawsuit, quoting Samfiru as saying: “This has been a known issue within the legal community for years — this is the first time someone has decided to do something about it.”
The report highlighted that the workers are suing the Ministry (not their former employer, which has since shut down) and that they only realized the misinformation after hearing Samfiru on the radio a year later.
September 25, 2013 — Lior joined The John Oakley Show to explain why this lawsuit is so important — not just for the clients involved, but for any worker relying on government resources.
“Anyone laid off should contact a lawyer before signing anything,” Samfiru told listeners. “Not doing so can cost you tens of thousands of dollars.”
September 26, 2013 — The publication covered the specific damages sought: $104,000 for Mosey and $52,173 for Tremblay. Samfiru noted the Ministry’s failure to clarify that its advice only reflected minimum standards — not total legal entitlement.
“The Ministry created this helpline so workers could get legal answers — and those answers were wrong,” said Samfiru.
September 25, 2013 — The local paper outlined the legal action and noted that the workers were told by the Ministry they were only owed eight weeks of pay — advice Lior Samfiru strongly disputes. He emphasized the severe financial and emotional toll this had on the workers, including prolonged unemployment and hardship.
Know Your Rights
If you were let go and relied on advice from the Ministry of Labour — or accepted a severance offer without speaking to an employment lawyer in Toronto — you may have given up money you were legally owed.
Samfiru Tumarkin LLP has extensive experience helping employees who have been laid off or terminated. Our Toronto severance pay lawyers are deeply familiar with the severance packages companies often provide — and we know how to improve them. Our team has successfully handled cases involving wrongful dismissal, constructive dismissal, and unfair severance negotiations.
Before you sign anything, get advice from the team that’s changed the landscape of Canadian employment law.
- 👥 Over 50,000 clients helped nationwide
- 💰 Millions recovered in compensation
- ⚖️ No win, no fee — you don’t pay unless we succeed*
- ⭐ 3,063 5-star Google reviews across all offices (4.7 average)
- 🏆 Named one of Canada’s Best Law Firms by The Globe and Mail
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About the Author
Lior Samfiru
Lior Samfiru is a Founding Partner at Samfiru Tumarkin LLP and the Practice Leader of the firm’s Labour & Employment Law Group. Known for his advocacy and success representing both employees and employers, Lior exclusively serves clients in Ontario, where his extensive experience has made him one of Canada’s most sought-after employment lawyers.
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